Baldwin v. Ratcliff

Citations

• 125 Ill. 376
• 17 N.E. 794

Syllabus

<p>1. Limitation—as between tenants in common. Where one tenant in common undertakes to establish an adverse possession of lands as against a co-tenant, in order to constitute a disseizin there must be outward acts of exclusive ownership, of an unequivocal character, overt and notorious, and of such a nature as to impart information, and give notice to the co-tenant that an adverse possession and an actual disseizin are intended to be asserted against him.</p> <p>2. Same—under act of 1839—color of title by will. A will purporting to devise lands described, when properly probated, is color of title in the devisees, under section 8 of the Limitation law of 1839. The statute does not require that color of title shall be based upon a money consideration.</p> <p>3. Same—color of title—good faith presumed. In the absence of evidence showing bad faith on the part of the holder of color of title, good faith will be presumed.</p>